LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Andy   22 February 2024

Obtaining property ownership of deceased who has taken loans

I've given loans to a person. I've a notarized agreement on stamp paper with signatures and witnesses. The proof of loan payment is available through bank statements made by me to this person.

The person died and the family is not willing to honour the agreements. The deceased has several properties in his name, as he is a real estate developer. I've several emails from the deceased where he has mentioned about the properties he owns. I've put a case against the wife of the deceased, who is the legal heir to all of the deceased's properties. 

My lawyer says that the burden of proof of ownership of the properties by the deceased, lies with us. Could the court not order the concerned government agency to find all the properties in the name of the deceased on the basis of PAN / Aadhaar card? 

Please advice. 


P.S: Apologies in advance if I've posted in the wrong forum.


 9 Replies

Shashi Dhara   22 February 2024

No you have to obtain certified copies from concerned dept which is in his name i. e. Khata extract, assessment extracts etc to prove ownership, if deceased has mother alive she is also legal heir, confirm it.

Andy   22 February 2024

If I go to the property department, they ask me to provide property information - sale deed number, survey number, village, district.. etc. I've no information on where the deceased owned properties, so how can I find out ownership information. I only know he owns several properties, but I don't know the details.

His mother is also deceased and the wife is the legal heir.

kavksatyanarayana (subregistrar/supdt.(retired))     22 February 2024

You can obtain an Encumbrance Certificate for 40/50 ( the period if you know from that date) to date from the Sub Registrar concerned paying the government required fees.  From the EC you can know the properties if he purchased or sold.

Andy   22 February 2024

Yes. But to obtain Encumbrance Certificate, I've to provide property information, which I do not have. I only know that he has several properties, but I don't have the details of the property. If I have the property details, I can even do an encumbrance search online to check ownership record of a particular property. The registrar office or concerned department would not do a property search of an individual if I just provide name and PAN number. This is confidential information.

In such a case where I don't have property information, could I ask the court to issue an order to the relevant department to do a property search based on PAN number?

That is the only way to know which properties were owned by the deceased and which I can then attach to the case, to claim the money I've given as loan.

kavksatyanarayana (subregistrar/supdt.(retired))     22 February 2024

The court does not ask such information.  And on PAN number it is not possible to do a search either in Registrar or in Revenue departments.

T. Kalaiselvan, Advocate (Advocate)     22 February 2024

It becomes your duty to provide details/ particulars of properties belonging to the deceased borrower if you intend to attach his property in order to recover your loan given to the deceased. 

There's no provision to procure the property details through any legal forum. 

You may have to look for the details through some private sources. 

1 Like

Shashi Dhara   23 February 2024

Ask any one(his enemy )in his village they may furnish the properties sy no etc  take one or two items details which may cover your entire loan.

Andy   23 February 2024

Ha ha ha... He lived in a city and not in a village and no enemies.

T. Kalaiselvan, Advocate (Advocate)     23 February 2024

Jokes apart, you were advised to look for some sources who can be useful to procure the desired details, you cannot depend on any legal forum to obtain the details because there is no provision in law for that

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register